New York Criminal Mischief Defense Lawyer

Navigating New York’s criminal justice system can be overwhelming, particularly when dealing with criminal mischief charges. These charges can significantly affect your future, finances, and reputation.

The consequences of criminal mischief can range from heavy fines to potential prison time. The weight of such uncertainty can be stressful. But you don’t have to go through this on your own.

At The Law Offices of Mehdi Essmidi P.L.L.C., we understand what you’re going through. As a former New York City prosecutor, attorney Mehdi Essmidi knows firsthand how the system works – and how to navigate it on your behalf. We can guide you every step of the way. Contact us for a free consultation.

Criminal Mischief Under New York Penal Law

Under New York law, a person can be charged with criminal mischief when they damage someone else’s property, intentionally or recklessly, without having the right to do so.

There are four degrees of criminal mischief defined by New York Penal Law that differ in severity based on the specific circumstances of the situation, as described below.

§ 145.00 Fourth Degree Criminal Mischief

• Criminal mischief in the fourth degree is classified as a class A misdemeanor.
• A person is guilty of fourth-degree criminal mischief if they intentionally damage another person’s property without any legal right or reasonable grounds to believe they have such a right.
• A person is guilty if they intentionally disable or remove telephonic, TTY, or similar communication sending equipment to prevent a person requesting emergency assistance.
• A person is guilty if they intentionally participate in the destruction of an abandoned building, as defined in The New York Real Property Actions and Proceedings Law § 1971.

§ 145.05 Third Degree Criminal Mischief

• Criminal mischief in the third degree is classified as a class E felony.
• A person is guilty of third-degree criminal mischief if they intentionally damage another person’s property exceeding $250 without any legal right or reasonable grounds to believe they have such a right.
• The offense may involve damaging another person’s vehicle by breaking into it when it is locked with the intent of stealing property if the individual has been convicted three or more times of criminal mischief in the fourth, third, second, or first-degree within the previous ten years.

§ 145.10 Second Degree Criminal Mischief

• Criminal mischief in the second degree is classified as a class D felony.
• A person is deemed guilty of second-degree criminal mischief if they intentionally damage another person’s property.
• The individual must not have any legal right or reasonable grounds to believe they have the right to inflict such damage.
• The damage to the property must exceed $1,500.

§ 145.12 First Degree Criminal Mischief

• Criminal mischief in the first degree is classified as a class B felony.
• A person is deemed guilty of first-degree criminal mischief if they intentionally damage another person’s property using an explosive.
• The person must have no legal right or reasonable grounds to believe they have the right to damage the property.

Common Legal Defenses Against Criminal Mischief Charges

A possible defense strategy against criminal mischief charges involves proving that the damage inflicted was accidental and not intentional. A lawyer can raise questions about the prosecution’s case and potentially avoid a conviction by demonstrating that the damage occurred due to an accident and not a deliberate act.

An alternative defense strategy in criminal mischief cases involves contesting the sufficiency of evidence. In New York, defendants can argue a lack of concrete proof or inadequate evidence supporting the charges. Raising questions about the prosecution’s case and the integrity of the evidence presented can be a powerful defense strategy in criminal mischief cases.

Contact Us for a Free Consultation

Navigating criminal mischief charges in New York requires a strong legal defense. Contact the Law Offices of Mehdi Essmidi today for a free consultation. We’re committed to standing by your side, providing clear guidance and support every step of the way. Our team has a proven track record of successful outcomes in criminal cases. We understand the intricacies of the legal system and work tirelessly to protect your rights.